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| Public Act 095-0315 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing | ||||
Sections 2-6.2 and 18-1.1 as follows:
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(755 ILCS 5/2-6.2)
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Sec. 2-6.2. Financial exploitation, abuse, or neglect of an | ||||
elderly person
or a person with a disability.
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(a) In this Section:
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"Abuse" means any offense described in Section 12-21 of the | ||||
Criminal Code of
1961.
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"Financial exploitation" means any offense described in | ||||
Section 16-1.3 of the
Criminal Code of 1961.
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"Neglect" means any offense described in Section 12-19 of | ||||
the Criminal Code
of 1961.
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(b) Persons convicted of financial exploitation,
abuse, or | ||||
neglect of an elderly person or a person with a disability | ||||
shall not
receive
any property, benefit, or other interest by | ||||
reason of the
death of that elderly person or person with a | ||||
disability, whether as heir,
legatee,
beneficiary, survivor, | ||||
appointee, claimant under Section 18-1.1, or in any other | ||||
capacity
and whether the property, benefit, or other interest | ||||
passes
pursuant to any form of title registration, testamentary | ||||
or
nontestamentary instrument, intestacy, renunciation, or any
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other circumstance. The property, benefit, or other
interest | ||
shall pass as if the person convicted of the
financial | ||
exploitation, abuse, or neglect died before the
decedent, | ||
provided that with respect to joint tenancy
property the | ||
interest possessed prior to the death by the
person convicted | ||
of the financial exploitation, abuse, or
neglect shall not be
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diminished by the application of this Section. Notwithstanding | ||
the
foregoing, a person convicted of financial exploitation, | ||
abuse, or neglect of
an elderly person or a person with a | ||
disability shall be entitled to receive
property, a benefit, or | ||
an
interest in any capacity and under any circumstances | ||
described in this
subsection (b) if it is demonstrated by clear | ||
and convincing evidence that the
victim of that offense knew of | ||
the conviction and subsequent to the
conviction expressed or | ||
ratified his or her intent to transfer the property,
benefit, | ||
or interest to the person convicted of financial exploitation, | ||
abuse,
or
neglect of an elderly person or a person with a | ||
disability in any manner
contemplated by this subsection
(b).
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(c) (1) The holder of any property subject to the
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provisions of this Section shall not be liable for
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distributing or releasing the property to the person
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convicted of financial exploitation, abuse, or neglect of
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an elderly person or a person with a disability if the | ||
distribution or release
occurs
prior to the conviction.
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(2) If the holder is a financial institution, trust | ||
company, trustee, or
similar entity or person, the holder | ||
shall not be liable for any distribution
or
release of the | ||
property, benefit, or other interest to the person | ||
convicted of
a
violation of Section 12-19, 12-21, or 16-1.3 | ||
of the Criminal Code of 1961
unless the holder knowingly | ||
distributes or releases the property, benefit, or
other | ||
interest to the person so convicted after first having | ||
received actual
written notice of the conviction in | ||
sufficient time to act upon the notice.
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(d) If the holder of any property subject to the
provisions | ||
of this Section knows that a potential beneficiary has been
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convicted of financial
exploitation, abuse, or neglect of an | ||
elderly person or a person with a
disability within
the scope | ||
of this Section, the holder shall fully cooperate
with law | ||
enforcement authorities and judicial officers in
connection | ||
with any investigation of the financial
exploitation, abuse, or | ||
neglect. If the holder is a person or entity that is
subject to | ||
regulation by a regulatory agency pursuant to the laws of this | ||
or
any other state or pursuant to the laws of the United | ||
States, including but not
limited to the business of a | ||
financial institution, corporate fiduciary, or
insurance | ||
company, then such person or entity shall not be deemed to be | ||
in
violation of this Section to the extent that privacy laws | ||
and regulations
applicable to such person or entity prevent it | ||
from voluntarily providing law
enforcement authorities or | ||
judicial officers with information.
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(Source: P.A. 93-299, eff. 1-1-04.)
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(755 ILCS 5/18-1.1) (from Ch. 110 1/2, par. 18-1.1)
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Sec. 18-1.1. Statutory custodial claim. Any spouse, | ||
parent, brother,
sister, or child of a disabled person who | ||
dedicates himself or herself to the
care of the disabled person | ||
by living with and personally caring for the
disabled person | ||
for at least 3 years shall be entitled to a claim against
the | ||
estate upon the death of the disabled person. The claim shall | ||
take
into consideration the claimant's lost employment | ||
opportunities, lost
lifestyle opportunities, and emotional | ||
distress experienced as a result of
personally caring for the | ||
disabled person. Notwithstanding the statutory claim amounts | ||
stated in this Section, a court may reduce an amount to the | ||
extent that the living arrangements were intended to and did in | ||
fact also provide a physical or financial benefit to the | ||
claimant. The factors a court may consider in determining | ||
whether to reduce a statutory custodial claim amount may | ||
include but are not limited to: (i) the free or low cost of | ||
housing provided to the claimant; (ii) the alleviation of the | ||
need for the claimant to be employed full time; (iii) any | ||
financial benefit provided to the claimant; (iv) the personal | ||
care received by the claimant from the decedent or others; and | ||
(v) the proximity of the care provided by the claimant to the | ||
decedent to the time of the decedent's death. The claim shall | ||
be in addition
to any other claim, including without limitation | ||
a reasonable claim for
nursing and other care. The claim shall | ||
be based upon the nature and
extent of the person's disability | ||
and, at a minimum but subject to the
extent of the assets | ||
available, shall be in the amounts set forth below:
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1. 100% disability, $180,000
$100,000
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2. 75% disability, $135,000
$75,000
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3. 50% disability, $90,000
$50,000
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4. 25% disability, $45,000
$25,000
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(Source: P.A. 87-908.)
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